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114TH CONGRESS
H. R. _____
1ST SESSION
To establish a uniform and more efficient Federal process for protecting property
owners' rights guaranteed by the fifth amendment.
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IN THE HOUSE OF REPRESENTATIVES
Mr. REED introduced the following bill; which was referred to the Committee
on_______________________________
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A BILL
To establish a uniform and more efficient Federal process for protecting property
owners' rights guaranteed by the fifth amendment.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Defense of Property Rights Act.
SEC. 2. FINDINGS.
The Congress finds that-(1) the private ownership of property is essential to a free society and is
an integral part of the American tradition of liberty and limited
government;
(11) property owners should be able to fully recover for a taking of their
private property in one court;
(12) certain provisions of section 1346 and 1402 and chapter 91 of title
28, United States Code (commonly known as the Tucker Act) should be
amended, giving both the district courts of the United States and the
Court of Federal Claims jurisdiction to hear all claims relating to
property rights; and
(13) section 1500 of title 28, United States Code, which denies the Court
of Federal Claims jurisdiction to entertain a suit which is pending in
another court and made by the same plaintiff, should be repealed.
SEC. 3. PURPOSE.
The purpose of this Act is to-(1) encourage, support, and promote the private ownership of property
by ensuring the constitutional and legal protection of private property by
the United States Government;
(2) establish a clear, uniform, and efficient judicial process whereby
aggrieved property owners can obtain vindication of property rights
guaranteed by the fifth amendment to the United States Constitution and
this Act;
(3) amend certain provisions of the Tucker Act, including the repeal of
section 1500 of title 28, United States Code;
(4) rectify the constitutional imbalance between the Federal Government
and the States; and
(5) require the Federal Government and States to compensate property
owners for the deprivation of property rights.
SEC. 4. DEFINITIONS.
For purposes of this Act the term-(1) `agency' means a department, agency, independent agency, or
instrumentality of the United States or an individual State, including any
military department, Government corporation, Government-controlled
corporation, or other establishment in the executive branch of the United
States Government or an individual State;
(2) `agency action' means any action or decision taken, permanently or
temporarily, by an agency that-(A) takes a property right; or
(B) unreasonably impedes the use of property or the exercise of
property interests or significantly interferes with investmentbacked expectations;
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(3) `just compensation'-(A) means compensation equal to the full extent of a property
owner's loss, including the fair market value of the private
property taken and business losses arising from a taking, whether
the taking is by physical occupation or through regulation,
exaction, or other means; and
(B) shall include compounded interest calculated from the date of
the taking until the date the agency tenders payment;
(4) `owner' means the owner or possessor of property or rights in
property at the time the taking occurs, including when-(A) the statute, regulation, rule, order, guideline, policy, or action
is passed or promulgated; or
(B) the permit, license, authorization, or governmental permission
is denied or suspended;
(5) `private property' or `property' means all property protected under the
fifth amendment to the Constitution of the United States, any applicable
Federal or State law, or this Act, and includes-(A) real property, whether vested or unvested, including-(i) estates in fee, life estates, estates for years, or otherwise;
(ii) inchoate interests in real property such as remainders
and future interests;
(iii) personalty that is affixed to or appurtenant to real
property;
(iv) easements;
(v) leaseholds;
(vi) recorded liens; and
(vii) contracts or other security interests in, or related to,
real property;
(B) the right to use water or the right to receive water, including
any recorded lines on such water right;
(C) rents, issues, and profits of land, including minerals, timber,
fodder, crops, oil and gas, coal, or geothermal energy;
(D) property rights provided by, or memorialized in, a contract,
except that such rights shall not be construed under this title to
prevent the United States from prohibiting the formation of
contracts deemed to harm the public welfare or to prevent the
execution of contracts for-(i) national security reasons; or
(ii) exigencies that present immediate or reasonably
foreseeable threats or injuries to life or property;
(E) any interest defined as property under State law; or
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